Bill Text: FL S1502 | 2019 | Regular Session | Introduced
Bill Title: Department of Environmental Protection
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Appropriations, companion bill(s) passed, see HB 5401 (Ch. 2019-141) [S1502 Detail]
Download: Florida-2019-S1502-Introduced.html
Florida Senate - 2019 SB 1502 By Senator Bradley 5-01683B-19 20191502__ 1 A bill to be entitled 2 An act relating to the Department of Environmental 3 Protection; transferring and reassigning functions and 4 responsibilities of the Division of Law Enforcement 5 relating to investigators of environmental crimes 6 within the Fish and Wildlife Conservation Commission 7 to the Division of Law Enforcement of the Department 8 of Environmental Protection; providing requirements 9 for a memorandum of agreement between the department 10 and the commission regarding the responsibilities of 11 the department and the commission; transferring 12 personnel and equipment within the department’s Office 13 of Emergency Response to the department’s Division of 14 Law Enforcement; providing for a transition advisory 15 working group; providing for the retention and 16 transfer of specified benefits for employees who are 17 transferred from the commission to fill positions 18 transferred to the department; amending s. 20.255, 19 F.S.; establishing the Division of Law Enforcement 20 within the department; providing law enforcement 21 officers of the department who meet certain 22 requirements with specified authority, subject to 23 applicable law; amending ss. 258.004, 258.008, 24 258.501, 282.709, 316.640, 376.3071, 403.413, 784.07, 25 843.08, 843.085, 870.04, and 932.7055, F.S.; 26 conforming provisions to changes made by the act; 27 reenacting s. 790.166(8)(a), F.S., relating to the 28 manufacture, possession, sale, delivery, display, use 29 or attempted or threatened use of a weapon of mass 30 destruction or hoax weapon of mass destruction 31 prohibited, to incorporate the amendment made to s. 32 784.07, F.S., in a reference thereto; providing 33 severability; providing an effective date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1. (1) The primary powers and duties of the Fish 38 and Wildlife Conservation Commission with regard to the 39 investigation of certain environmental crimes and the 40 enforcement of related laws, as specified in the new memorandum 41 of agreement developed as required under subsection (2), are 42 transferred from the commission to the Department of 43 Environmental Protection. The commission retains law enforcement 44 authority over the patrol of state-owned lands managed by the 45 department and shall coordinate with the department in that 46 regard. 47 (2) A new memorandum of agreement must be developed between 48 the commission and the department detailing the respective 49 responsibilities of the department and the commission with 50 regard to at least all of the following: 51 (a) Support and response for oil spills, hazardous spills, 52 and natural disasters. 53 (b) Law enforcement patrol and investigative services for 54 all state-owned lands managed by the department. 55 (c) Law enforcement services, including investigative 56 services, for all criminal law violations of chapters 161, 258, 57 373, 376, 377, 378, and 403, Florida Statutes. 58 (d) Enforcement services for civil violations of department 59 administrative rules related to all of the following program 60 areas: 61 1. The Division of Recreation and Parks. 62 2. The Office of Coastal and Aquatic Managed Areas. 63 3. The Office of Greenways and Trails. 64 (e) Current and future funding, training, or other support 65 for positions and equipment being transferred from the 66 commission to the department which are funded through any trust 67 fund. 68 Section 2. All personnel and equipment assigned to the 69 Department of Environmental Protection’s Office of Emergency 70 Response are reassigned to the Division of Law Enforcement of 71 the department. 72 Section 3. The Secretary of Environmental Protection and 73 the Executive Director of the Fish and Wildlife Conservation 74 Commission shall each appoint two staff members to a transition 75 advisory working group to review the administrative rules 76 promulgated by the department and the commission to identify any 77 rules that must be amended to reflect the changes made by this 78 act. 79 Section 4. Notwithstanding chapter 60L-34, Florida 80 Administrative Code, or any law to the contrary, employees who 81 are transferred from the Fish and Wildlife Conservation 82 Commission to fill positions transferred to the Department of 83 Environmental Protection shall retain and transfer any accrued 84 annual leave, sick leave, and regular and special compensatory 85 leave balances. The employees shall retain their current 86 position status, including permanent status, upon transfer to 87 the Department of Environmental Protection. 88 Section 5. Subsection (3) of section 20.255, Florida 89 Statutes, is amended, and subsection (10) is added to that 90 section, to read: 91 20.255 Department of Environmental Protection.—There is 92 created a Department of Environmental Protection. 93 (3) The following divisions of the Department of 94 Environmental Protection are established: 95 (a) Division of Administrative Services. 96 (b) Division of Air Resource Management. 97 (c) Division of Water Resource Management. 98 (d) Division of Environmental Assessment and Restoration. 99 (e) Division of Waste Management. 100 (f) Division of Recreation and Parks. 101 (g) Division of State Lands, the director of which is 102 appointed by the secretary of the department, subject to 103 confirmation by the Governor and Cabinet sitting as the Board of 104 Trustees of the Internal Improvement Trust Fund. 105 (h) Division of Water Restoration Assistance. 106 (i) Division of Law Enforcement. 107 108 In order to ensure statewide and intradepartmental consistency, 109 the department’s divisions shall direct the district offices and 110 bureaus on matters of interpretation and applicability of the 111 department’s rules and programs. 112 (10) Law enforcement officers of the Department of 113 Environmental Protection who meet the requirements of s. 943.13 114 are constituted law enforcement officers of this state with full 115 power to investigate and arrest for any violation of the laws of 116 this state and the rules of the department and the Board of 117 Trustees of the Internal Improvement Trust Fund. The general 118 laws applicable to investigations, searches, and arrests by 119 peace officers of this state apply to such law enforcement 120 officers. 121 Section 6. Subsection (8) is added to section 258.004, 122 Florida Statutes, to read: 123 258.004 Duties of division.— 124 (8) This chapter shall be enforced by the Division of Law 125 Enforcement within the Department of Environmental Protection 126 and its officers and by the Division of Law Enforcement within 127 the Fish and Wildlife Conservation Commission and its officers. 128 Section 7. Subsection (1) of section 258.008, Florida 129 Statutes, is amended to read: 130 258.008 Prohibited activities; penalties.— 131 (1) Except as provided in subsection (3), any person who 132 violates or otherwise fails to comply with the rules adopted 133 under this chapter commits a noncriminal infraction for which 134 ejection from all property managed by the Division of Recreation 135 and Parks and a fine of up to $500 may be imposed by the 136 division. Fines paid under this subsection shall be paid to the 137 Fish and Wildlife Conservation Commission and deposited in the 138 State Game Trust Fund as provided in ss. 379.338, 379.339, and 139 379.3395 or to the Department of Environmental Protection and 140 deposited into the State Park Trust Fund, as applicable. 141 Section 8. Subsection (16) of section 258.501, Florida 142 Statutes, is amended to read: 143 258.501 Myakka River; wild and scenic segment.— 144 (16) ENFORCEMENT.—Officers of the department and the Fish 145 and Wildlife Conservation Commission shall have full authority 146 to enforce any rule adopted by the department. 147 Section 9. Paragraph (a) of subsection (2) of section 148 282.709, Florida Statutes, is amended to read: 149 282.709 State agency law enforcement radio system and 150 interoperability network.— 151 (2) The Joint Task Force on State Agency Law Enforcement 152 Communications is created adjunct to the department to advise 153 the department of member-agency needs relating to the planning, 154 designing, and establishment of the statewide communication 155 system. 156 (a) The Joint Task Force on State Agency Law Enforcement 157 Communications shall consist of the following members: 158 1. A representative of the Division of Alcoholic Beverages 159 and Tobacco of the Department of Business and Professional 160 Regulation who shall be appointed by the secretary of the 161 department. 162 2. A representative of the Division of Florida Highway 163 Patrol of the Department of Highway Safety and Motor Vehicles 164 who shall be appointed by the executive director of the 165 department. 166 3. A representative of the Department of Law Enforcement 167 who shall be appointed by the executive director of the 168 department. 169 4. A representative of the Fish and Wildlife Conservation 170 Commission who shall be appointed by the executive director of 171 the commission. 172 5. A representative of the Division of Law Enforcement of 173 the Department of Environmental Protection who shall be 174 appointed by the secretary of the department. 175 6.5.A representative of the Department of Corrections who 176 shall be appointed by the secretary of the department. 177 7.6.A representative of the Department of Financial 178 Services who shall be appointed by the Chief Financial Officer. 179 8.7.A representative of the Department of Agriculture and 180 Consumer Services who shall be appointed by the Commissioner of 181 Agriculture. 182 9.8.A representative of the Florida Sheriffs Association 183 who shall be appointed by the president of the Florida Sheriffs 184 Association. 185 Section 10. Paragraph (a) of subsection (1) of section 186 316.640, Florida Statutes, is amended to read: 187 316.640 Enforcement.—The enforcement of the traffic laws of 188 this state is vested as follows: 189 (1) STATE.— 190 (a)1.a. The Division of Florida Highway Patrol of the 191 Department of Highway Safety and Motor Vehicles; the Division of 192 Law Enforcement of the Fish and Wildlife Conservation 193 Commission; the Division of Law Enforcement of the Department of 194 Environmental Protection; and the agents, inspectors, and 195 officers of the Department of Law Enforcement each have 196 authority to enforce all of the traffic laws of this state on 197 all the streets and highways thereof and elsewhere throughout 198 the state wherever the public has a right to travel by motor 199 vehicle. 200 b. University police officers may enforce all of the 201 traffic laws of this state when violations occur on or within 202 1,000 feet of any property or facilities that are under the 203 guidance, supervision, regulation, or control of a state 204 university, a direct-support organization of such state 205 university, or any other organization controlled by the state 206 university or a direct-support organization of the state 207 university, or when such violations occur within a specified 208 jurisdictional area as agreed upon in a mutual aid agreement 209 entered into with a law enforcement agency pursuant to s. 210 23.1225(1). Traffic laws may also be enforced off-campus when 211 hot pursuit originates on or within 1,000 feet of any such 212 property or facilities, or as agreed upon in accordance with the 213 mutual aid agreement. 214 c. Florida College System institution police officers may 215 enforce all the traffic laws of this state only when such 216 violations occur on or within 1,000 feet of any property or 217 facilities that are under the guidance, supervision, regulation, 218 or control of the Florida College System institution, or when 219 such violations occur within a specified jurisdictional area as 220 agreed upon in a mutual aid agreement entered into with a law 221 enforcement agency pursuant to s. 23.1225. Traffic laws may also 222 be enforced off-campus when hot pursuit originates on or within 223 1,000 feet of any such property or facilities, or as agreed upon 224 in accordance with the mutual aid agreement. 225 d. Police officers employed by an airport authority may 226 enforce all of the traffic laws of this state only when such 227 violations occur on any property or facilities that are owned or 228 operated by an airport authority. 229 (I) An airport authority may employ as a parking 230 enforcement specialist any individual who successfully completes 231 a training program established and approved by the Criminal 232 Justice Standards and Training Commission for parking 233 enforcement specialists but who does not otherwise meet the 234 uniform minimum standards established by the commission for law 235 enforcement officers or auxiliary or part-time officers under s. 236 943.12. This sub-sub-subparagraph may not be construed to permit 237 the carrying of firearms or other weapons, nor shall such 238 parking enforcement specialist have arrest authority. 239 (II) A parking enforcement specialist employed by an 240 airport authority may enforce all state, county, and municipal 241 laws and ordinances governing parking only when such violations 242 are on property or facilities owned or operated by the airport 243 authority employing the specialist, by appropriate state, 244 county, or municipal traffic citation. 245 e. The Office of Agricultural Law Enforcement of the 246 Department of Agriculture and Consumer Services may enforce 247 traffic laws of this state. 248 f. School safety officers may enforce all of the traffic 249 laws of this state when such violations occur on or about any 250 property or facilities that are under the guidance, supervision, 251 regulation, or control of the district school board. 252 2. Any disciplinary action taken or performance evaluation 253 conducted by an agency of the state as described in subparagraph 254 1. of a law enforcement officer’s traffic enforcement activity 255 must be in accordance with written work-performance standards. 256 Such standards must be approved by the agency and any collective 257 bargaining unit representing such law enforcement officer. A 258 violation of this subparagraph is not subject to the penalties 259 provided in chapter 318. 260 3. The Division of the Florida Highway Patrol may employ as 261 a traffic accident investigation officer any individual who 262 successfully completes instruction in traffic accident 263 investigation and court presentation through the Selective 264 Traffic Enforcement Program as approved by the Criminal Justice 265 Standards and Training Commission and funded through the 266 National Highway Traffic Safety Administration or a similar 267 program approved by the commission, but who does not necessarily 268 meet the uniform minimum standards established by the commission 269 for law enforcement officers or auxiliary law enforcement 270 officers under chapter 943. Any such traffic accident 271 investigation officer who makes an investigation at the scene of 272 a traffic accident may issue traffic citations, based upon 273 personal investigation, when he or she has reasonable and 274 probable grounds to believe that a person who was involved in 275 the accident committed an offense under this chapter, chapter 276 319, chapter 320, or chapter 322 in connection with the 277 accident. This subparagraph does not permit the officer to carry 278 firearms or other weapons, and such an officer does not have 279 authority to make arrests. 280 Section 11. Paragraph (p) of subsection (4) of section 281 376.3071, Florida Statutes, is amended to read: 282 376.3071 Inland Protection Trust Fund; creation; purposes; 283 funding.— 284 (4) USES.—Whenever, in its determination, incidents of 285 inland contamination related to the storage of petroleum or 286 petroleum products may pose a threat to the public health, 287 safety, or welfare, water resources, or the environment, the 288 department shall obligate moneys available in the fund to 289 provide for: 290 (p) Enforcement of this section and ss. 376.30-376.317 by 291 the Fish and Wildlife Conservation Commission and the Department 292 of Environmental Protection. The department mayshalldisburse 293 moneys to the commission for such purpose. 294 295 The issuance of a site rehabilitation completion order pursuant 296 to subsection (5) or paragraph (12)(b) for contamination 297 eligible for programs funded by this section does not alter the 298 project’s eligibility for state-funded remediation if the 299 department determines that site conditions are not protective of 300 human health under actual or proposed circumstances of exposure 301 under subsection (5). The Inland Protection Trust Fund may be 302 used only to fund the activities in ss. 376.30-376.317 except 303 ss. 376.3078 and 376.3079. Amounts on deposit in the fund in 304 each fiscal year must first be applied or allocated for the 305 payment of amounts payable by the department pursuant to 306 paragraph (n) under a service contract entered into by the 307 department pursuant to s. 376.3075 and appropriated in each year 308 by the Legislature before making or providing for other 309 disbursements from the fund. This subsection does not authorize 310 the use of the fund for cleanup of contamination caused 311 primarily by a discharge of solvents as defined in s. 312 206.9925(6), or polychlorinated biphenyls when their presence 313 causes them to be hazardous wastes, except solvent contamination 314 which is the result of chemical or physical breakdown of 315 petroleum products and is otherwise eligible. Facilities used 316 primarily for the storage of motor or diesel fuels as defined in 317 ss. 206.01 and 206.86 are not excluded from eligibility pursuant 318 to this section. 319 Section 12. Paragraph (e) of subsection (2) of section 320 403.413, Florida Statutes, is amended to read: 321 403.413 Florida Litter Law.— 322 (2) DEFINITIONS.—As used in this section: 323 (e) “Law enforcement officer” means any officer of the 324 Florida Highway Patrol, a county sheriff’s department, a 325 municipal law enforcement department, a law enforcement 326 department of any other political subdivision, the Department of 327 Environmental Protection, or the Fish and Wildlife Conservation 328 Commission. In addition, and solely for the purposes of this 329 section, “law enforcement officer” means any employee of a 330 county or municipal park or recreation department designated by 331 the department head as a litter enforcement officer. 332 Section 13. Paragraph (d) of subsection (1) of section 333 784.07, Florida Statutes, is amended to read: 334 784.07 Assault or battery of law enforcement officers, 335 firefighters, emergency medical care providers, public transit 336 employees or agents, or other specified officers; 337 reclassification of offenses; minimum sentences.— 338 (1) As used in this section, the term: 339 (d) “Law enforcement officer” includes a law enforcement 340 officer, a correctional officer, a correctional probation 341 officer, a part-time law enforcement officer, a part-time 342 correctional officer, an auxiliary law enforcement officer, and 343 an auxiliary correctional officer, as those terms are 344 respectively defined in s. 943.10, and any county probation 345 officer; an employee or agent of the Department of Corrections 346 who supervises or provides services to inmates; an officer of 347 the Florida Commission on Offender Review; a federal law 348 enforcement officer as defined in s. 901.1505; and law 349 enforcement personnel of the Fish and Wildlife Conservation 350 Commission, the Department of Environmental Protection, or the 351 Department of Law Enforcement. 352 Section 14. Section 843.08, Florida Statutes, is amended to 353 read: 354 843.08 False personation.—A person who falsely assumes or 355 pretends to be a firefighter, sheriff, officer of the Florida 356 Highway Patrol, officer of the Fish and Wildlife Conservation 357 Commission, officer of the Department of Environmental 358 Protection, fire or arson investigator of the Department of 359 Financial Services, officer of the Department of Financial 360 Services, officer of the Department of Corrections, correctional 361 probation officer, deputy sheriff, state attorney or assistant 362 state attorney, statewide prosecutor or assistant statewide 363 prosecutor, state attorney investigator, coroner, police 364 officer, lottery special agent or lottery investigator, beverage 365 enforcement agent, or watchman, or any member of the Florida 366 Commission on Offender Review and any administrative aide or 367 supervisor employed by the commission, or any personnel or 368 representative of the Department of Law Enforcement, or a 369 federal law enforcement officer as defined in s. 901.1505, and 370 takes upon himself or herself to act as such, or to require any 371 other person to aid or assist him or her in a matter pertaining 372 to the duty of any such officer, commits a felony of the third 373 degree, punishable as provided in s. 775.082, s. 775.083, or s. 374 775.084. However, a person who falsely personates any such 375 officer during the course of the commission of a felony commits 376 a felony of the second degree, punishable as provided in s. 377 775.082, s. 775.083, or s. 775.084. If the commission of the 378 felony results in the death or personal injury of another human 379 being, the person commits a felony of the first degree, 380 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 381 The term “watchman” means a security officer licensed under 382 chapter 493. 383 Section 15. Section 843.085, Florida Statutes, is amended 384 to read: 385 843.085 Unlawful use of badges or other indicia of 386 authority.— 387 (1) It is unlawful for any person, unless appointed by the 388 Governor pursuant to chapter 354, authorized by the appropriate 389 agency, or displayed in a closed or mounted case as a collection 390 or exhibit, to wear or display any authorized indicia of 391 authority, including any badge, insignia, emblem, identification 392 card, or uniform, or any colorable imitation thereof, of any 393 federal, state, county, or municipal law enforcement agency, or 394 other criminal justice agency as defined in s. 943.045, with the 395 intent to mislead or cause another person to believe that he or 396 she is a member of that agency or is authorized to display or 397 wear such item, or to wear or display any item that displays in 398 any manner or combination the word or words “police,” 399 “patrolman,” “agent,” “sheriff,” “deputy,” “trooper,” “highway 400 patrol,” “commission officer,” “Wildlife Officer,” “Marine 401 Patrol Officer,” “state attorney,” “public defender,” “marshal,” 402 “constable,” “bailiff,”or“fire department,” or “Department of 403 Environmental Protection officer,” with the intent to mislead or 404 cause another person to believe that he or she is a member of 405 that agency or is authorized to wear or display such item. 406 (2) It is unlawful for a person to own or operate a motor 407 vehicle marked or identified in any manner or combination by the 408 word or words “police,” “patrolman,” “sheriff,” “deputy,” 409 “trooper,” “highway patrol,” “commission officer,” “Wildlife 410 Officer,” “Marine Patrol Officer,” “marshal,” “constable,” 411 “bailiff,”or“fire department,” or “Department of Environmental 412 Protection officer,” or by any lettering, marking, or insignia, 413 or colorable imitation thereof, including, but not limited to, 414 stars, badges, or shields, officially used to identify the 415 vehicle as a federal, state, county, or municipal law 416 enforcement vehicle or a vehicle used by a criminal justice 417 agency as defined in s. 943.045, or a vehicle used by a fire 418 department with the intent to mislead or cause another person to 419 believe that such vehicle is an official vehicle of that agency 420 and is authorized to be used by that agency, unless such vehicle 421 is owned or operated by the appropriate agency and its use is 422 authorized by such agency, or the local law enforcement agency 423 or fire department authorizes the use of such vehicle, or the 424 person is appointed by the Governor pursuant to chapter 354. 425 (3) It is unlawful for a person to sell, transfer, or give 426 away the authorized badge, or colorable imitation thereof, 427 including miniatures, of any criminal justice agency as defined 428 in s. 943.045, or bearing in any manner or combination the word 429 or words “police,” “patrolman,” “sheriff,” “deputy,” “trooper,” 430 “highway patrol,” “commission officer,” “Wildlife Officer,” 431 “Marine Patrol Officer,” “marshal,” “constable,” “agent,” “state 432 attorney,” “public defender,” “bailiff,”or“fire department,” 433 or “Department of Environmental Protection officer,” with the 434 intent to mislead or cause another person to believe that he or 435 she is a member of that agency or is authorized to wear or 436 display such item, except for agency purchases or upon the 437 presentation and recordation of both a driver license and other 438 identification showing any transferee to actually be a member of 439 such criminal justice agency or unless the person is appointed 440 by the Governor pursuant to chapter 354. A transferor of an item 441 covered by this subsection is required to maintain for 2 years a 442 written record of such transaction, including records showing 443 compliance with this subsection, and if such transferor is a 444 business, it shall make such records available during normal 445 business hours for inspection by any law enforcement agency 446 having jurisdiction in the area where the business is located. 447 (4) This section does not prohibit a fraternal, benevolent, 448 or labor organization or association, or their chapters or 449 subsidiaries, from using the following words, in any manner or 450 in any combination, if those words appear in the official name 451 of the organization or association: “police,” “patrolman,” 452 “sheriff,” “deputy,” “trooper,” “highway patrol,” “commission 453 officer,” “Wildlife Officer,” “Marine Patrol Officer,” 454 “marshal,” “constable,” “bailiff,” “fire department,” or 455 “Department of Environmental Protection officer.”or “fire456department.”457 (5) Violation of any provision of this section is a 458 misdemeanor of the first degree, punishable as provided in s. 459 775.082 or s. 775.083. This section is cumulative to any law now 460 in force in the state. 461 Section 16. Section 870.04, Florida Statutes, is amended to 462 read: 463 870.04 Specified officers to disperse riotous assembly.—If 464 any number of persons, whether armed or not, are unlawfully, 465 riotously, or tumultuously assembled in any county, city, or 466 municipality, the sheriff or the sheriff’s deputies, or the 467 mayor, or any commissioner, council member, alderman, or police 468 officer of the city or municipality, or any officer or member of 469 the Florida Highway Patrol, or any officer or agent of the Fish 470 and Wildlife Conservation Commission or the Department of 471 Environmental Protection, any beverage enforcement agent, any 472 personnel or representatives of the Department of Law 473 Enforcement or its successor, or any other peace officer, shall 474 go among the persons so assembled, or as near to them as may be 475 done with safety, and shall in the name of the state command all 476 the persons so assembled immediately and peaceably to disperse. 477 If such persons do not thereupon immediately and peaceably 478 disperse, such officers shall command the assistance of all such 479 persons in seizing, arresting, and securing such persons in 480 custody. If any person present being so commanded to aid and 481 assist in seizing and securing such rioter or persons so 482 unlawfully assembled, or in suppressing such riot or unlawful 483 assembly, refuses or neglects to obey such command, or, when 484 required by such officers to depart from the place, refuses and 485 neglects to do so, the person shall be deemed one of the rioters 486 or persons unlawfully assembled, and may be prosecuted and 487 punished accordingly. 488 Section 17. Present paragraphs (b) through (l) of 489 subsection (6) of section 932.7055, Florida Statutes, are 490 redesignated as paragraphs (c) through (m), respectively, and a 491 new paragraph (b) is added to that subsection, to read: 492 932.7055 Disposition of liens and forfeited property.— 493 (6) If the seizing agency is a state agency, all remaining 494 proceeds shall be deposited into the General Revenue Fund. 495 However, if the seizing agency is: 496 (b) The Department of Environmental Protection, the 497 proceeds accrued pursuant to the Florida Contraband Forfeiture 498 Act shall be deposited into the Internal Improvement Trust Fund, 499 the Water Quality Assurance Trust Fund, the Inland Protection 500 Trust Fund, the Coastal Protection Trust Fund, or the Solid 501 Waste Management Trust Fund, as specified by the statute under 502 which the violation occurs. 503 Section 18. For the purpose of incorporating the amendment 504 made by this act to section 784.07, Florida Statutes, in a 505 reference thereto, paragraph (a) of subsection (8) of section 506 790.166, Florida Statutes, is reenacted to read: 507 790.166 Manufacture, possession, sale, delivery, display, 508 use, or attempted or threatened use of a weapon of mass 509 destruction or hoax weapon of mass destruction prohibited; 510 definitions; penalties.— 511 (8) For purposes of this section, the term “weapon of mass 512 destruction” does not include: 513 (a) A device or instrument that emits or discharges smoke 514 or an offensive, noxious, or irritant liquid, powder, gas, or 515 chemical for the purpose of immobilizing, incapacitating, or 516 thwarting an attack by a person or animal and that is lawfully 517 possessed or used by a person for the purpose of self-protection 518 or, as provided in subsection (7), is lawfully possessed or used 519 by any member or employee of the Armed Forces of the United 520 States, a federal or state governmental agency, or a private 521 entity. A member or employee of a federal or state governmental 522 agency includes, but is not limited to, a law enforcement 523 officer, as defined in s. 784.07; a federal law enforcement 524 officer, as defined in s. 901.1505; and an emergency service 525 employee, as defined in s. 496.404. 526 Section 19. If any provision of this act or the application 527 thereof to any person or circumstance is held invalid, the 528 invalidity does not affect other provisions or applications of 529 the act which can be given effect without the invalid provisions 530 or applications, and to this end the provisions of this act are 531 severable. 532 Section 20. This act shall take effect July 1, 2019.